Monday, April 9, 2012

What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyer Explains

YOU MAY BE ELIGIBLE FOR UNEMPLOYMENT IN PENNSYLVANIA EVEN IF IF YOU QUIT YOUR JOB - RULE 402(b)

If you quit your job, you may be eligible for PA unemployment benefits if you had a necessitous and compelling reason to quit. This video recently published by John discusses some of the most common examples of a necessitous and compelling reason to quit your job (and the common situation arising when a worker quits in lieu of an immediate discharge):

Can I Quit My Job and Get Unemployment Benefits in Pennsylvania? Lawyer in Chester County Who Represents Individuals in Unemployment Referee Cases

Allow me to explain some of the most common scenarios in which an employee who quits his/her job is entitled to unemployment benefits:

6) a geographic change by your spouse for a new job that requires you to quit so that you may move along with him/her;

7) a job offer from a different employer (you must have the offer in hand before you quit your job);
and,

8) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

If You Resign from Your Employment Instead of Being Terminated You May Be Entitled to Unemployment Compensation in Pennsylvania
In addition to the above scenarios, there is one other, very common, scenario under which an employee who resigns from his/her job may nevertheless be entitled to unemployment.
It is a little complicated to lay out in a simple, brief form in writing, but I will do my best.

* Employee is brought into a meeting and told that he/she is going to be fired immediately for some alleged misconduct, but are given the option to resign in lieu of termination.

* Employee chooses to resign.

* Under the law, this is deemed a termination, not a quit.

Under this scenario, employee can win unemployment benefits provided that employer cannot prove that the reason employee was going to be fired constituted "willful misconduct."

Here is my video discussing what happens at a Pennsylvania Unemployment Hearing for "willful misconduct:

If you
are looking for an employment lawyer, and live in Malvern,
Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown
Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford,
Nether Providence, Broomall, Drexel Hill, Reading or any of their
surrounding towns, feel free to send me an e-mail or give me a call. I am
always glad to spend some time with people via a free telephone
consultation.

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Click Here if you have questions about any aspect of employment
law, from wrongful termination, to wage and overtime
claims, to discrimination
and retaliation laws, to Family and Medical Leave…

Click Here if
you have questions about any aspect of Pennsylvania Unemployment Law,
from willful misconduct, to voluntary quit, to Referee
Hearings, to severance issues…